No Employer, No recent 2 pay stubs - H1 Transfer

USA H1B Visa
1

Have been working for company A for 6 months and suddenly they laid off and issued termination letter with severance pay.
Then it took me to find another job 1 month and now I don’t have 2 recent pay stubs as no employer. Now I found an employer and job, they have to file transfer.
Is there any issues in this scenario?

2

Discuss the case with your new employer attorney so that they can take care of it when applying the new petition.

Best case scenario - USCIS accepts your plead of 1 month laid-off period and approves new H-1 w/ I-94 attached.

Worst case scenario - USCIS will approve H-1 petition but w/ consular processing. So you will have to leave US and then return on new petition to work for the new employer

I would suggest going PP route so that you don’t stay in laid-off period for much longer and know what to do w/ your immigration status.

3

Thanks Saurabh.

Could you please clarify the worst case scenario. If I leave US after the new employer filed petition, Can I return immediately to US using the receipt notice and start working?
or I need to wait until it get approved to return to US.

And do I need to go for new stamping while I return to US?

Also please clarify what you mean by PP route.
Thanks a lot.

4

You need to have approval in hand in order to return to US and work for the new employer.

I am asking to go premium processing route, so that you know the result within 15 calendar days (unless there is RFE). When you discuss the case w/ new employer’s attorney they would also throw more light on this.

5

Thanks for the details. I will check with my new employer attorney.